I 

116TH CONGRESS 

1ST SESSION H. R. 3060 

To provide for reform and reorganization of the Federal Emergency 

Management Agency, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2019 

Ms. JACKSON LEE (for herself, Mr. PAYNE, Ms. KAPTUR, and Mr. JOHNSON

of Georgia) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Small Business, Energy and Commerce, Education and Labor, 

the Judiciary, Financial Services, and Homeland Security, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To provide for reform and reorganization of the Federal 

Emergency Management Agency, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘FEMA Modernization Act of 2019’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—DISASTER RESPONSE AND RECOVERY 

Sec. 101. Office of Disaster Response; Office of Disaster Recovery; Office of 

Long-Term Recovery. 

Sec. 102. Medical disaster response and recovery training facility. 

Sec. 103. Labor training program. 

Sec. 104. Disaster Emergency Housing Assistance Grant Program. 

Sec. 105. Housing post disaster stability. 

Sec. 106. Prohibition on enforcement of immigration. 

TITLE II—REPORTS 

Sec. 201. Federal Emergency Management Agency reports. 

Sec. 202. Government Accountability Office. 

Sec. 203. Circumstances which may impact first responders during a terrorist 

event. 

TITLE III—DISASTER RECOVERY SMALL BUSINESS GRANT 

PROGRAM 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. Office of Disaster Recovery Small Business Grants. 

Sec. 304. Compensation for victims of a federally declared disaster. 

Sec. 305. Reports and audits. 

Sec. 306. Authorization of appropriations. 

Sec. 307. Termination of authority. 

TITLE IV—ADMINISTRATIVE PROVISIONS 

Sec. 401. Extension of authorities for pandemic and all-hazards preparedness. 

Sec. 402. Transfer of the Surge Capacity Force. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of FEMA. 

5 (2) FEMA.—The term ‘‘FEMA’’ means the 

6 Federal Emergency Management Agency. 


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1 TITLE I—DISASTER RESPONSE 

2 AND RECOVERY 

3 SEC. 101. OFFICE OF DISASTER RESPONSE; OFFICE OF DIS4 ASTER RECOVERY; OFFICE OF LONG-TERM 

5 RECOVERY. 

6 (a) ESTABLISHMENT.—Not later than 1 year after 

7 the date of enactment of this Act, the Administrator shall 

8 take such actions as are necessary to ensure that the Of9 fice of Response and Recovery of the Agency is divided 

10 into an Office of Disaster Response and an Office of Dis11 aster Recovery, subject to the requirements of this section. 

12 (b) OFFICE OF DISASTER RESPONSE.— 

13 (1) DUTIES.—The duties of the Office of Dis14 aster Response shall be as follows: 

15 (A) Lead Federal disaster response. 

16 (B) Prepare for, coordinate, and facilitate 

17 Federal support for State managed and locally 

18 executed multi-stakeholder engagement in plan19 ning and coordinating of disaster response. 

20 (C) Coordinate and manage Federal Emer21 gency Management Agency assigned staff and 

22 maintain awareness of other Federal agency 

23 disaster response assigned staff or other per24 sonnel deployments to Tribal and Territorial, 

25 State, or local government offices to better colVerDate Sep 11 2014 02:47 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3060.IH H3060

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1 laborate and coordinate Federal efforts in sup2 port of State managed and locally executed dis3 aster preparedness and response activities. 

4 (D) Conduct public education on the dis5 aster response roles of Federal, Tribal and Ter6 ritorial, State, and local governments. 

7 (E) Any other duty determined appropriate 

8 by the Administrator. 

9 (2) OFFICERS.—Not later than 1 year after the 

10 date of enactment of this Act, the Administrator 

11 shall appoint an Associate Administrator of the Of12 fice of Disaster Response and deputy associate ad13 ministrators, as determined appropriate. 

14 (3) ADDITIONAL POSITIONS.—The Adminis15 trator may create, and appoint individuals to, such 

16 positions as are considered necessary by the Admin17 istrator, including— 

18 (A) a military liaison officer to work with 

19 the defense coordinating officer; and 

20 (B) a Liaison Officer for Asset Acquisition 

21 and Deployment in Federal supported, State 

22 managed, and locally executed plan to support 

23 the delivery of funds, equipment, and resources 

24 to local jurisdictions in advance of pending dis25 asters by facilitating engagement by the private 


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1 sector with Tribal and Territorial and State 

2 and local governments in support of meeting 

3 the pending disaster response needs. 

4 (c) OFFICE OF DISASTER RECOVERY.— 

5 (1) DUTIES.—The duties of the Office of Dis6 aster Recovery shall be as follows: 

7 (A) Assess recovery following a disaster 

8 and make recommendations on the estimated 

9 time for recovery. 

10 (B) Provide definitions of what constitutes 

11 a short-term recovery and a long-term recovery, 

12 and how this determination shall be made in as13 sessing post disaster recovery periods. 

14 (C) Coordinate and manage Federal as15 signed staff from the Federal Emergency Man16 agement Agency to be sent to work in Tribal 

17 and Territorial and State or local government 

18 agencies. 

19 (D) Carry out the accurate collection, re20 tention, and reporting of data related to Fed21 eral disaster recovery and shall act as a re22 source on post-disaster recovery efforts. 

23 (E) Submit to the Committee on Oversight 

24 and Government Reform of the House of Rep25 resentatives and the Committee on Homeland 


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1 Security and Governmental Affairs of the Sen2 ate an annual report on the status of all recov3 ery projects during the prior year, including 

4 whether Federal projects are on time, within 

5 cost, and meeting the needs and objectives of 

6 recovery. 

7 (F) Provide for civil engineers that make 

8 recommendations to the Administrator and 

9 partnering Federal agencies on the scope and 

10 severity of damage, projections on rehabilita11 tion, demolition, repair, and reconstruction of 

12 critical infrastructure deemed essential to Fed13 eral, Tribal and Territorial, State, and local 

14 government, accessing impacted areas, or 

15 achieving stability in the recovery process. 

16 (G) Any other duty determined appropriate 

17 by the Administrator. 

18 (2) OFFICERS.—Not later than 1 year after the 

19 date of enactment of this Act, the Administrator 

20 shall appoint an Associate Administrator of the Of21 fice of Disaster Recovery and deputy associate ad22 ministrators, as determined appropriate. 

23 (3) ADDITIONAL POSITIONS.—The Adminis24 trator may create, and appoint individuals to, such 


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1 positions as are considered necessary by the Admin2 istrator. 

3 (d) OMBUDSMAN.— 

4 (1) ESTABLISHMENT.—The Office of Disaster 

5 Response and the Office of Disaster Recovery shall 

6 each establish an office of a Federal ombudsman 

7 that shall be an independent and impartial office 

8 that examines complaints that arise from disaster 

9 response or disaster assistance provided to individ10 uals, organizations, or local, State, Tribal or Terri11 torial governments the activities of which are funded 

12 by the Federal Government. 

13 (2) ANNUAL REPORT.—Not later than 360 days 

14 after the date of enactment of this Act, and annually 

15 thereafter, the ombudsman of each office described 

16 in paragraph (1) shall submit to Congress a report 

17 on the activities of the office, including— 

18 (A) the number of complaints submitted to 

19 the office; 

20 (B) a description of any investigation con21 ducted pursuant to such complaints; 

22 (C) the resolution of any such investiga23 tion; 


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1 (D) the disposition of matters found to not 

2 be under the jurisdiction of the office or a De3 partment of Homeland Security component; and 

4 (E) recommendations on best practices or 

5 ways to improve the work of the office. 

6 (e) OFFICE OF LONG-TERM RECOVERY.—Not later 

7 than 18 months after the date of enactment of this Act, 

8 the Administrator shall establish an Office of Long Term 

9 Recovery. The duties of such Office shall be determined 

10 by the Administrator. 

11 SEC. 102. MEDICAL DISASTER RESPONSE AND RECOVERY 

12 TRAINING FACILITY. 

13 Section 303 of the Robert T. Stafford Disaster Relief 

14 and Emergency Assistance Act (42 U.S.C. 5143) is 

15 amended by adding at the end the following: 

16 ‘‘(c) MEDICAL DISASTER RESPONSE AND RECOVERY

17 TRAINING FACILITY.— 

18 ‘‘(1) ESTABLISHMENT.—Not later than 18 

19 months after the date of enactment of the FEMA 

20 Modernization Act of 2019, the President, acting 

21 through the Secretary of Health and Human Serv22 ices in consultation with the Administrator of the 

23 Federal Emergency Management Agency, shall es24 tablish a medical disaster response and recovery 

25 training facility in accordance with this subsection. 


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1 ‘‘(2) MANAGEMENT.—The medical facility es2 tablished under paragraph (1) shall be managed by 

3 the Secretary of Health and Human Services and in 

4 consultation with the Administrator of the Federal 

5 Emergency Management Agency. 

6 ‘‘(3) CAPACITY.—The facility established under 

7 this subsection shall have a capacity to train 800 

8 medical personnel annually, which shall increase to 

9 1,200 annually on the date that is 5 years after the 

10 date of enactment of the FEMA Modernization Act 

11 of 2019. 

12 ‘‘(4) REPORT.—Not later than 240 days after 

13 the date of enactment of the FEMA Modernization 

14 Act of 2019 the Administrator shall submit to the 

15 Committee on Homeland Security, the Committee on 

16 Transportation and Infrastructure, the Committee 

17 on Energy and Commerce, the Committee on Ways 

18 and Means, and the Committee on Veterans’ Affairs 

19 of the House of Representatives, the Committee on 

20 Homeland Security and Government Affairs, the 

21 Committee on Banking, Housing, and Urban Af22 fairs, and the Committee on Health, Education, 

23 Labor, Pensions, and the Committee on Veterans’ 

24 Affairs of the Senate a report containing a plan to 


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1 engage local and State government partners in pro2 motion of the development of surge teams. 

3 ‘‘(d) NATIONAL DISASTER MEDICAL TRIAGE.— 

4 ‘‘(1) IN GENERAL.—The President, acting 

5 through the Administrator of the Federal Emer6 gency Management Agency, in consultation with the 

7 National Association of Emergency Medical Techni8 cians and the Military Health System, shall establish 

9 a National Disaster Medical Triage capacity that 

10 shall include the development of guidelines for Tac11 tical Disaster Casualty Care which shall be used for 

12 medical evacuation protocols to be implemented by 

13 local and State governments in advance of certain 

14 major disasters, as designated by the Administrator 

15 in consultation with the Secretary of Health and 

16 Human Services and the Secretary of Veterans Af17 fairs to— 

18 ‘‘(A) remove individuals with requisite 

19 health conditions, including dialysis patients, 

20 heart patients, diabetics, physically impaired in21 dividuals, pregnant individuals, those who have 

22 recently delivered a child, and individuals recov23 ering from surgery, out of the path of danger; 

24 and 


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1 ‘‘(B) establish medical priorities policies 

2 for certain disaster situations, as determined by 

3 the Administrator, to reduce loss of life and 

4 human suffering. 

5 ‘‘(2) LOCAL EFFORTS.—In carrying out this 

6 subsection, the Administrator shall promote local ef7 forts to develop compacts with medical systems to 

8 take patients for short-term disaster evacuation or 

9 to host locations for field hospitals when needed. 

10 ‘‘(3) LIABILITY PROTECTIONS.— 

11 ‘‘(A) IN GENERAL.—Subject to this para12 graph, a covered person shall be immune from 

13 suit and liability under Federal and State law 

14 with respect to all claims for medical care by a 

15 board certified or accredited practitioner arising 

16 out of medical services provided to an individual 

17 in the course of a medical evacuation protocol 

18 described in paragraph (1). 

19 ‘‘(B) COVERED PERSON.—The term ‘cov20 ered person’ means a person— 

21 ‘‘(i) who is a health care provider li22 censed under the laws of the State in 

23 which the action giving rise to the claim 

24 described in subparagraph (A) occurred; 


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1 ‘‘(ii) who was providing medical serv2 ices that are within the scope of the per3 son’s license; 

4 ‘‘(iii) was acting in accordance with a 

5 protocol described in paragraph (1); and 

6 ‘‘(iv) is acting in a volunteer capacity. 

7 ‘‘(C) WILLFUL MISCONDUCT.—This para8 graph shall not apply in the case of willful mis9 conduct (as such term is defined in section 

10 319F–3 of the Public Health Service Act (42 

11 U.S.C. 247–6d). 

12 ‘‘(e) INCIDENT MEDICAL RECOVERY MANAGEMENT

13 TEAM.—Not later than 18 months after the date of enact14 ment of the FEMA Modernization Act of 2019, the Presi15 dent, acting through the Administrator of the Federal 

16 Emergency Management Agency and in consultation with 

17 the American College of Surgeons and the Department of 

18 Defense Health Agency, shall establish an Incident Med19 ical Recovery Management Team to determine best prac20 tices in implementing an Advanced Trauma Life Support 

21 capabilities, to assess health impacts that result from fed22 erally declared disasters.’’. 

23 SEC. 103. LABOR TRAINING PROGRAM. 

24 (a) ESTABLISHMENT.—The Administrator shall es25 tablish a program to provide education and job training 


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1 to those who become unemployed or underemployed due 

2 to the effects of a federally declared disaster and who have 

3 enrolled for disaster assistance through a federally created 

4 or recognized program. To qualify for assistance under 

5 this section, an individual shall have been employed, re6 ceiving government employment assistance or benefits, or 

7 enrolled in a high school, college, or training program at 

8 the time of the disaster. Such assistance may be in the 

9 form of unemployment benefits, job training programs, 

10 and displaced worker assistance. 

11 (b) USE OF FUNDS.—Funds provided under the pro12 gram shall be used for— 

13 (1) retraining or new employment skills train14 ing or education to fill positions that will transition 

15 the person into new jobs; and 

16 (2) providing incentives to employers who em17 ploy individuals who are receiving housing assistance 

18 under section 102 or have filed a disaster claim 

19 under the Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Administrator to 

23 carry out this section $100,000,000, for each of fiscal 

24 years 2020 through 2030. 


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1 SEC. 104. DISASTER EMERGENCY HOUSING ASSISTANCE 

2 GRANT PROGRAM. 

3 (a) ESTABLISHMENT.—There shall be established a 

4 Disaster Emergency Housing Assistance Grant Program 

5 under which Administrator of FEMA may authorize the 

6 Secretary of Housing and Urban Development, pursuant 

7 to the authority under section 408 of the Robert T. Staf8 ford Disaster Relief and Emergency Assistance Act (42 

9 U.S.C. 5174) and according to the terms of such section, 

10 to provide immediate housing and urban development as11 sistance that meets the particular housing needs of sur12 vivors of a federally declared disaster event. 

13 (b) FUNDING.—There are authorized to be appro14 priated not more than $300,000,000, for each of fiscal 

15 years 2020 through 2030 to carry out the program under 

16 this section. 

17 (c) AUTHORITY.—The President may grant to the 

18 Administrator of FEMA approval to activate a Disaster 

19 Emergency Housing Assistance Grant Program. 

20 (d) WAIVER.—The requirements of section 408 of 

21 such Act may be waived for 180 days by the President 

22 if a request for a waiver is made by the Administrator 

23 and agreed to by the Secretary of Housing and Urban De24 velopment in the case of a federally declared major dis25 aster wherein 60 percent or more of the housing stock is 

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1 cally unsafe for human habitation, which shall include con2 dominiums and housing cooperatives. 

3 SEC. 105. HOUSING POST DISASTER STABILITY. 

4 (a) ESTABLISHMENT.—Not later than 365 days after 

5 the date of enactment of this Act, the Administrator of 

6 FEMA, in coordination with the Secretary of Housing and 

7 Urban Development and with the advice of the Bureau 

8 of Consumer Financial Protection, shall establish mecha9 nisms to stabilize housing economies within areas des10 ignated as Federal disasters for the period of 60 months 

11 into a long-term recovery such that the available housing 

12 designated as low- and moderate-income housing is main13 tained at a rate that meets 90 percent or more of the pre14 disaster low- to moderate-income housing levels for the 

15 population impacted by the disaster. 

16 (b) REQUIREMENTS.—In establishing the mecha17 nisms under subsection (a), the Secretary shall ensure the 

18 following: 

19 (1) Multi-unit housing owners or operators who 

20 receive disaster-related loans provided by the Small 

21 Business Administration, or provided with other 

22 Federal funding to recover, rehabilitate, or construct 

23 new housing, are prohibited from raising rents on 

24 those multi-family housing units for the first 18 


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1 months of occupancy following the disaster-related 

2 repairs or construction have ended. 

3 (2) Beginning on the date that is 18 months 

4 after a report of construction is completed and an 

5 necessary inspections certify that a segment of mul6 tifamily housing is approved for occupancy, for a pe7 riod of 30 months after occupancy begins with re8 spect to each unit that was repaired or created using 

9 Federal assistance, the cost of rent for such unit 

10 shall not increase by more than 10 percent of the 

11 rent charged for the month prior to the disaster. 

12 (3) New multi-unit housing rental rates should 

13 be comparable to the rents charged for similar rent14 als serving the market impacted by the disaster. 

15 (4) With respect to any unit of housing des16 ignated as a single, individually owned housing unit 

17 in a multi-unit building by local tax records at least 

18 24 months prior to a Federally declared major dis19 aster— 

20 (A) homeowners or purchasers of such a 

21 unit shall qualify for housing repair and new 

22 construction assistance under a loan program 

23 carried out by the Secretary that provides for 

24 Federal guaranteed loans at the 1.25 percent; 

25 and 


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1 (B) owners or operators of such a multi2 unit building shall qualify for assistance for re3 construction or repair of common areas under 

4 a loan program carried out by the Secretary 

5 that provides for Federal guaranteed loans at a 

6 rate of 4.5 percent. 

7 SEC. 106. PROHIBITION ON ENFORCEMENT OF IMMIGRA8 TION. 

9 Notwithstanding any other provision of law, during 

10 a federally declared disaster, the Secretary of Homeland 

11 Security may not enforce the immigration laws (as such 

12 term is defined in section 101 of the Immigration and Na13 tionality Act (8 U.S.C. 1101)) with respect to any alien 

14 who is seeking assistance, including housing, as a result 

15 of such disaster. 

16 TITLE II—REPORTS 

17 SEC. 201. FEDERAL EMERGENCY MANAGEMENT AGENCY 

18 REPORTS. 

19 (a) CASEWORK MANAGEMENT SYSTEM REPORT.— 

20 Not later than 1 year after the date of enactment of this 

21 Act, the Administrator shall submit a report on the ability 

22 of FEMA to support a State managed and locally executed 

23 casework management system to coordinate and deliver di24 rect assistance to disaster survivors in placing applications 

25 for Federal post disaster assistance to the following: 


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1 (1) The Committee on Homeland Security of 

2 the House of Representatives. 

3 (2) The Committee on Transportation and In4 frastructure of the House of Representatives. 

5 (3) The Committee on Energy and Commerce 

6 of the House of Representatives. 

7 (4) The Committee on Ways and Means of the 

8 House of Representatives. 

9 (5) The Committee on Veterans’ Affairs of the 

10 House of Representatives. 

11 (6) The Committee on House Administration of 

12 the House of Representatives. 

13 (7) The Committee on Homeland Security and 

14 Government Affairs of the Senate. 

15 (8) The Committee on Banking, Housing, and 

16 Urban Affairs of the Senate. 

17 (9) The Committee on Health, Education, 

18 Labor, and Pensions of the Senate. 

19 (10) The Committee on Veterans’ Affairs of the 

20 Senate. 

21 (11) The Committee on Rules and Administra22 tion of the Senate. 

23 (b) AFTER-ACTION REPORTS.—Not later than 2 

24 years after the date of enactment of this Act, and annually 

25 thereafter, the Administrator of FEMA shall submit to the 


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1 committees listed in subsection (a) an after-action report 

2 on the activities of the Office of Disaster Response and 

3 the Office of Disaster Recovery, including— 

4 (1) the types of disasters responded to; 

5 (2) the resources needed; 

6 (3) strengths and weaknesses of the response or 

7 mitigation effort; 

8 (4) lessons learned; and 

9 (5) recommendations on how to improve. 

10 (c) CATASTROPHIC RESOURCE REPORTS.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of this Act, and annually 

13 thereafter, the Administrator of FEMA shall develop 

14 and submit to the committees listed in subsection 

15 (a) an estimate of the resources of FEMA and other 

16 Federal agencies that are needed for and devoted 

17 specifically to developing the disaster response capa18 bilities of Federal, State, local, and Tribal govern19 ments. 

20 (2) CLASSIFIED ANNEX.—At the discretion of 

21 the Secretary, the Administrator may include in the 

22 estimate under paragraph (1) a classified annex that 

23 reports on what the Federal Government has on 

24 hand to meet a range of response or recovery needs 

25 related to specific types of events, which may include 


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1 floods, wildfires, earth movements, windstorms, dis2 ease outbreaks, manmade disasters such as chemical 

3 attacks, cyberattacks, or radiological incidents. 

4 (3) CONTENTS.—Each estimate under para5 graph (1) shall include an estimate of the resources 

6 both necessary for and devoted to— 

7 (A) planning; 

8 (B) training and exercises; 

9 (C) Regional Office enhancements; 

10 (D) staffing, including for surge capacity 

11 during a catastrophic incident; 

12 (E) additional logistics capabilities; 

13 (F) other responsibilities under the cata14 strophic incident annex and the catastrophic in15 cident supplement of the National Response 

16 Framework; 

17 (G) reporting on the costs of support of 

18 State, local, and Tribal governments’ cata19 strophic incident preparedness planning; and 

20 (H) covering increases in the fixed costs or 

21 expenses of FEMA, including rent or property 

22 acquisition costs or expenses, taxes, contribu23 tions to the working capital fund of the Depart24 ment of Homeland Security, and security costs 


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1 for the year after the year in which such esti2 mate is submitted. 

3 (d) REPORT ON TECHNOLOGY.—Not later than 180 

4 days after the date of enactment of this Act, the Adminis5 trator of FEMA shall submit to the appropriate congres6 sional committees a study on what technology may provide 

7 better predictive information on the detection of pending 

8 disasters and what technology may better measure the 

9 scope of a disaster. 

10 (e) VOLUNTEERS AND DISASTER RESPONSE RE11 PORT.—Not later than 180 days after the date of enact12 ment of this Act, the head of the Office of Disaster Re13 sponse shall submit to the appropriate congressional com14 mittees a volunteers and disaster response report that 

15 specifies— 

16 (1) the role that volunteers fill in disaster re17 sponse and rescue; and 

18 (2) recommendations on the contributions of 

19 volunteers and best practices for official disaster re20 sponse, without formalizing the role of volunteers in 

21 disaster response. 

22 (f) COMPILATION OF FATALITY AND MISSING PER23 SONS DATA.—Not later than 1 year after the date on 

24 which the President declares a major disaster or emer25 gency under the Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 

2 Administrator of FEMA shall submit to the Committee 

3 on Transportation and Infrastructure and the Committee 

4 on Homeland Security of the House of Representatives 

5 and the Committee on Homeland Security and Govern6 mental Affairs and the Committee on Commerce, Science, 

7 and Transportation of the Senate a report that compiles 

8 the number of fatalities and missing persons as a result 

9 of such major disaster or emergency, including the causes 

10 of such fatalities, based on data from— 

11 (1) local and State jurisdictions; 

12 (2) mortuary services that operated in the area 

13 of such major disaster or emergency; and 

14 (3) forensics experts, anthropologists, and other 

15 resources the Administrator deems appropriate for 

16 determining accurate and complete fatality and 

17 missing persons data. 

18 (g) FEDERAL REIMBURSEMENTS.—Not later than 

19 240 days after the date of enactment of this Act, the Ad20 ministrator of FEMA shall submit to the Committee on 

21 Transportation and Infrastructure and the Committee on 

22 Homeland Security of the House of Representatives and 

23 the Committee on Homeland Security and Governmental 

24 Affairs and the Committee on Commerce, Science, and 

25 Transportation of the Senate a report on the status of 


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1 Federal reimbursements owed to local and State govern2 ments for activities related to disaster recovery incurred 

3 following a presidential declaration of a major disaster or 

4 emergency under the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

6 in the years 2010 through 2017. 

7 (h) LONG-TERM RECOVERY.— 

8 (1) IN GENERAL.—Not later than 240 days 

9 after the date of enactment of this Act, the Adminis10 trator of FEMA, acting through the Office of Long11 Term Recovery, shall submit to the committees spec12 ified in paragraphs (1) through (9) of subsection (a) 

13 a report that assesses the means of providing short14 and long-term housing for people impacted by feder15 ally declared disasters following September 11, 

16 2001, Hurricanes Katrina, Sandy, Harvey, and 

17 Maria, and the Camp Fire (Paradise, California). 

18 (2) CONSIDERATIONS.—The report required 

19 under paragraph (1) shall consider— 

20 (A) how mucking out of homes or property 

21 post disaster occurred; 

22 (B) how long it took for construction re23 pairs to be performed; and 

24 (C) the adequacy of labor and materials to 

25 meet demand and note any challenges to a 


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1 rapid recovery of housing and critical infra2 structure posed by materials supply, labor sup3 ply or contracting expertise in the disaster area. 

4 (3) ASSESSMENT.—The report required under 

5 paragraph (1) shall— 

6 (A) assess the feasibility and efficiency of 

7 providing long-term housing at hotels or other 

8 equivalent daily rate accommodation; 

9 (B) consider alternatives that may include 

10 private residences, mass construction of tem11 porary housing, Federal property, or planned 

12 communities for occupancy for under 5 years in 

13 the event of significant loss of housing stock; 

14 and 

15 (C) make recommendations on how best to 

16 resettle individuals who will be displaced from 

17 homes permanently or for a long-term recovery 

18 that will last 3 or more years. 

19 SEC. 202. GOVERNMENT ACCOUNTABILITY OFFICE. 

20 (a) BIENNIAL REPORTS.—Not later than 3 years 

21 after the date of enactment of this Act, and biennially 

22 thereafter, the Comptroller General of the United States 

23 shall submit to the appropriate congressional committees 

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1 ommendations and assessments of the effectiveness of the 

2 offices. 

3 (b) OFFICE OF DISASTER RECOVERY EFFORTS RE4 PORT.— 

5 (1) IN GENERAL.—Not later than 2 years after 

6 the date of enactment of this Act, the Comptroller 

7 General shall submit to the appropriate congres8 sional committees a report on long-term recovery ef9 forts following Hurricane Andrew, the attacks of 

10 September 11, 2001, Hurricane Katrina, Hurricane 

11 Ike, Hurricane Sandy, Hurricane Harvey, Hurricane 

12 Maria, Hurricane Florence, and California wild fires. 

13 (2) CONTENT OF REPORT.—The report shall 

14 contain the following: 

15 (A) Information on defining a long-term 

16 recovery, the stages of a long-term recovery, 

17 and the transition from Federal Government re18 sponsibilities for long-term recovery efforts to 

19 State and local leadership. 

20 (B) An assessment of the personnel need21 ed, and the types of expertise or certifications 

22 required, to accomplish the administration and 

23 management of recovery efforts for each of the 

24 disasters described in subsection (a). 


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1 (C) An analysis of the success and effi2 ciency of the long-term disaster recovery, and 

3 best practices learned that may be applied to 

4 future long-term disaster recovery plans. 

5 (D) Recommendations of the Comptroller 

6 General for what should be defined as a long7 term disaster recovery project using existing au8 thority and responsibility of FEMA to advise 

9 and make recommendations to the President re10 garding Presidential Disaster Declarations. 

11 (E) Recommendations of FEMA on the ca12 pacity and competence of FEMA to manage 

13 multiple major Presidential Disaster Declara14 tions simultaneously of the magnitude of 3, 4, 

15 or all 5 of the disasters described in subsection 

16 (a) occurring within weeks of each other. 

17 (F) FEMA’s capability (as such term is 

18 defined in section 741 of title 6, United States 

19 Code) and capacities of the Federal Govern20 ment to respond to a range of catastrophic 

21 events occurring either singularly or concur22 rently, including an assessment of the capacities 

23 of each Federal agency and the total capacity 

24 of the Federal Government. 


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1 (c) PETS.—Not later than 180 days after the date 

2 of enactment of this Act, the Comptroller General shall 

3 submit to the appropriate congressional committees a re4 port assessing the activity of the Federal Government re5 lating to— 

6 (1) the Pets Evacuation and Transportation 

7 Standards Act of 2006 (Public Law 109–308); 

8 (2) disaster response resources for pets; and 

9 (3) the activity of the Federal Government dur10 ing the 2017 hurricane season with respect to— 

11 (A) evacuation, rescue, and boarding facili12 ties for animals; 

13 (B) feeding and housing of animals; and 

14 (C) transition to post-disaster placement of 

15 animals. 

16 (d) NATIONAL ALL-HAZARDS DISASTER INSURANCE

17 PROGRAM.—Not later than 320 days after the date of en18 actment of this Act, the Comptroller General shall submit 

19 to Congress a report on— 

20 (1) the feasibility and design of a national all21 hazards disaster insurance program; 

22 (2) the risk of property owners continuing to 

23 underinsure or have no insurance on homes and the 

24 implications of those actions on the financial sta25 bility of the housing market; 


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1 (3) the challenge of developing actuarial tables 

2 to determine premiums and the setting options for 

3 premium payments for disaster declaration policies 

4 to be collected annual, quarterly, or monthly; and 

5 (4) the challenges and feasibility of selling poli6 cies at the same time a property casualty policy is 

7 purchased. 

8 (e) HOMELESSNESS.—Not later than 12 months 

9 after the date of enactment of this Act, and annually 

10 thereafter, the Comptroller General shall submit to Con11 gress a report on homelessness that contains a collection 

12 of data based upon registrations for disaster assistance, 

13 information provided by National Voluntary Organizations 

14 Active in Disaster, Bureau of the Census data, and other 

15 sources that provide information on the state of homeless16 ness in an area impacted by a disaster. Such report 

17 shall— 

18 (1) include an analysis of individuals who were 

19 housed or receiving housing assistance at the time of 

20 the disaster and because of the disaster may be at 

21 risk of homelessness; 

22 (2) determine the best measures for assessing 

23 the potential for homelessness during the long-term 

24 recovery from a disaster; and 


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1 (3) make recommendations on how local and 

2 State jurisdictions can identify the homeless during 

3 disaster response and how to structure recovery ef4 forts to minimize homelessness. 

5 (f) PEER-TO-PEER LODGING.—Not later than 240 

6 days after the date of enactment of this Act, the Comp7 troller General shall submit to Congress a report on the 

8 use of emergency disaster housing provided by peer-to9 peer lodging or short-term rental by FEMA staff and 

10 other owners of peer-to-peer lodging who donate, rent, or 

11 lease housing to individuals impacted by disasters during 

12 2017 and 2018. 

13 (g) POST-DISASTER CIVIC ENGAGEMENT.—Not later 

14 than 8 months after the date of enactment of this Act, 

15 the Comptroller General shall submit to Congress a report 

16 on civic engagement following a disaster, including 9/11 

17 and Hurricanes Katrina, Harvey, Michael, Marie, and 

18 Florence. The report shall— 

19 (1) analyze how jurisdictions provided support 

20 for citizen voting after those events; 

21 (2) include analysis of the role that Federal, 

22 Tribal and Territorial, State, and local governments 

23 play in facilitating disaster survivors’ reconnection 

24 with the public election voting process; 


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1 (3) state any actions governments have taken 

2 that have impeded civic participation in the form of 

3 registering to vote and casting a ballot in a public 

4 election; and 

5 (4) make recommendations on what can be 

6 done to protect voting by persons impacted by disas7 ters. 

8 SEC. 203. CIRCUMSTANCES WHICH MAY IMPACT FIRST RE9 SPONDERS DURING A TERRORIST EVENT. 

10 (a) IN GENERAL.—Not later than 1 year after the 

11 date of enactment of this Act, the Comptroller General 

12 of the United States shall submit to the Committee on 

13 Homeland Security and the Committee on Transportation 

14 and Infrastructure of the House of Representatives and 

15 the Committee on Homeland Security and Governmental 

16 Affairs of the Senate a report that describes select State 

17 and local programs and policies, as appropriate, related 

18 to the preparedness and protection of first responders. 

19 The report may include information on— 

20 (1) the degree to which such programs and poli21 cies include consideration of the presence of a first 

22 responder’s family in an area impacted by a terrorist 

23 attack; 

24 (2) the availability of personal protective equip25 ment for first responders; 


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1 (3) the availability of home Medkits for first re2 sponders and their families for biological incident re3 sponse; and 

4 (4) other related factors. 

5 (b) CONTEXT.—In preparing the report required 

6 under subsection (a), the Comptroller General of the 

7 United States may, as appropriate, provide information— 

8 (1) in a format that delineates high risk urban 

9 areas from rural communities; and 

10 (2) on the degree to which the selected State 

11 and local programs and policies included in such re12 port were developed or are being executed with fund13 ing from the Department of Homeland Security, in14 cluding grant funding from the State Homeland Se15 curity Grant Program or the Urban Area Security 

16 Initiative under sections 2002 and 2003, respec17 tively, of the Homeland Security Act of 2002 (6 

18 U.S.C. 603; 604). 

19 (c) HOMELAND SECURITY CONSIDERATION.—After 

20 issuance of the report required under subsection (a), the 

21 Secretary of Homeland Security shall consider such re22 port’s findings and assess its applicability for Federal first 

23 responders. 


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1 TITLE III—DISASTER RECOVERY 

2 SMALL BUSINESS GRANT 

3 PROGRAM 

4 SEC. 301. SHORT TITLE. 

5 This title may be cited as the ‘‘Disaster Recovery 

6 Small Business Grant Act’’. 

7 SEC. 302. DEFINITIONS. 

8 In this title, the following definitions apply: 

9 (1) CLAIM.—The term ‘‘claim’’ means a claim 

10 by an injured concern under this title for payment 

11 for substantial economic injury suffered by the in12 jured concern as a result of a federally declared dis13 aster. 

14 (2) CLAIMANT.—The term ‘‘claimant’’ means 

15 an injured concern that submits a claim under sec16 tion 304(b). 

17 (3) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Small Busi19 ness Administration. 

20 (4) INJURED CONCERN.—The term ‘‘injured 

21 concern’’— 

22 (A) means a small business concern that is 

23 located in an area that is a qualified disaster 

24 area as a result of a federally declared disaster; 

25 and 


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1 (B) does not include— 

2 (i) a lender that holds a mortgage on 

3 or security interest in real or personal 

4 property affected by a federally declared 

5 disaster; or 

6 (ii) a person that holds a lien on real 

7 or personal property affected by the a fed8 erally declared disaster. 

9 (5) OFFICE.—The term ‘‘Office’’ means the Of10 fice of Disaster Recovery Small Business Grants es11 tablished by section 303. 

12 SEC. 303. OFFICE OF DISASTER RECOVERY SMALL BUSI13 NESS GRANTS. 

14 (a) IN GENERAL.—There is established within the 

15 Small Business Administration an office to be known as 

16 the ‘‘Office of Disaster Recovery Small Business Grants’’. 

17 (b) PURPOSE.—The Office shall receive, process, and 

18 pay claims in accordance with section 304. 

19 (c) FUNDING.—The Office— 

20 (1) shall be funded from funds made available 

21 under this title; and 

22 (2) may reimburse any other Federal agency 

23 for provision of assistance in the receipt and proc24 essing of claims. 

25 (d) PERSONNEL.— 


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1 (1) IN GENERAL.—The Office may appoint and 

2 fix the compensation of such temporary personnel as 

3 are necessary to carry out the duties of the Office, 

4 without regard to the provisions of title 5, United 

5 States Code, governing appointments in the competi6 tive service. 

7 (2) PERSONNEL FROM OTHER AGENCIES.—On 

8 the request of the Administrator, the head of any 

9 other Federal agency may detail, on a reimbursable 

10 basis, any of the personnel of the agency to the Fed11 eral Emergency Management Agency to assist the 

12 Office in carrying out the duties of the Office under 

13 this title. 

14 (3) EFFECT ON OTHER SBA DUTIES.—The es15 tablishment of the Office shall not diminish the au16 thority of, or funding available to, the Administrator 

17 to carry out the responsibilities of the Small Busi18 ness Act. 

19 SEC. 304. COMPENSATION FOR VICTIMS OF A FEDERALLY 

20 DECLARED DISASTER. 

21 (a) IN GENERAL.—Each injured concern may receive 

22 compensation for substantial economic injury suffered as 

23 a result of a federally declared disaster, as determined by 

24 the Administrator. 


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1 (b) SUBMISSION OF CLAIMS.—Not later than 1 year 

2 after the date on which interim final regulations are pro3 mulgated under subsection (h), an injured concern may 

4 submit to the Administrator a written claim for compensa5 tion for substantial economic injury suffered as a result 

6 of a federally declared disaster. 

7 (c) HANDLING OF CLAIMS.—The Administrator shall 

8 investigate, adjust, grant, deny, settle, or compromise any 

9 claim submitted under subsection (b). 

10 (d) AMOUNT OF GRANT.— 

11 (1) IN GENERAL.—Any grant made to an in12 jured concern— 

13 (A) shall be limited to the amount nec14 essary to compensate the injured concern for 

15 substantial economic injury described in para16 graph (2) suffered as a result of a federally de17 clared disaster during the period beginning on 

18 August 25, 2017, and ending on August 25, 

19 2029; 

20 (B) shall not include— 

21 (i) interest on the amount of the pay22 ment before the date of settlement or pay23 ment of a claim; or 

24 (ii) punitive damages or any other 

25 form of noncompensatory damages; and 


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1 (C) shall not exceed $100,000, except in 

2 the case of a grant application for which the 

3 Administrator determines that a greater 

4 amount up to $250,000 is appropriate. 

5 (2) SUBSTANTIAL ECONOMIC INJURY.—Under 

6 paragraph (1), an injured concern may receive pay7 ment for substantial economic injury consisting of 1 

8 or more of the following: 

9 (A) An uninsured or underinsured property 

10 loss. 

11 (B) Damage to or destruction of physical 

12 infrastructure. 

13 (C) Damage to or destruction of tangible 

14 assets or inventory. 

15 (D) A business interruption loss. 

16 (E) Overhead costs. 

17 (F) Employee wages for work not per18 formed. 

19 (G) An insurance deductible. 

20 (H) A temporary relocation expense. 

21 (I) Debris removal and other cleanup 

22 costs. 

23 (J) Any other type of substantial economic 

24 injury that the Administrator determines to be 

25 appropriate. 


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1 (3) BURDEN OF PROOF.— 

2 (A) IN GENERAL.—A claimant shall have 

3 the burden of demonstrating substantial eco4 nomic injury. 

5 (B) ABSENCE OF DOCUMENTS.—If docu6 mentary evidence substantiating substantial 

7 economic injury is not reasonably available, the 

8 Administrator may pay a claim based on an af9 fidavit or other documentation executed by the 

10 claimant. 

11 (e) PAYMENT OF CLAIMS.— 

12 (1) DETERMINATION AND PAYMENT OF

13 AMOUNT.— 

14 (A) IN GENERAL.—To the maximum ex15 tent practicable, not later than 180 days after 

16 the date on which a claim is submitted under 

17 subsection (b), the Administrator shall— 

18 (i) determine the amount, if any, to 

19 be paid for the claim; and 

20 (ii) pay the amount. 

21 (B) PRIORITY.—The Administrator may 

22 establish priorities for processing and paying 

23 claims based on— 

24 (i) an assessment of the needs of the 

25 claimants; and 


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1 (ii) any other criteria that the Admin2 istrator determines to be appropriate. 

3 (C) PARAMETERS OF DETERMINATION.— 

4 In determining and paying a claim, the Admin5 istrator shall determine only— 

6 (i) whether the claimant is an injured 

7 concern; and 

8 (ii) whether the injuries that are the 

9 subject of the claim resulted from a feder10 ally declared disaster. 

11 (D) INSURANCE AND OTHER BENEFITS.— 

12 (i) IN GENERAL.—Subject to clause 

13 (ii), to prevent recovery by a claimant in 

14 excess of the equivalent of actual amount 

15 of the substantial economic injury suffered 

16 by the claimant in accordance with sub17 section (d), the Administrator shall reduce 

18 the amount to be paid for the claim by an 

19 amount that is equal to the sum of the 

20 payments or settlements of any kind that 

21 were paid, or will be paid, with respect to 

22 the claim, including payments by an insur23 ance company. 

24 (ii) GOVERNMENT LOANS.—Clause (i) 

25 shall not apply to the receipt by a claimant 


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1 of any Federal, Tribal and Territorial, 

2 State, or local government loan that is re3 quired to be repaid by the claimant. 

4 (2) ADVANCE OR PARTIAL PAYMENTS.—At the 

5 request of a claimant, the Administrator may make 

6 1 or more advance or partial payments before the 

7 final approval of a grant. 

8 (f) RECOVERY OF FUNDS IMPROPERLY PAID OR MIS9 USED.—The Administrator may recover any portion of a 

10 payment on a grant that was improperly paid to the claim11 ant as a result of— 

12 (1) fraud or misrepresentation on the part of 

13 the claimant or a representative of the claimant; 

14 (2) a material mistake on the part of the Ad15 ministrator; 

16 (3) the payment of insurance or benefits de17 scribed in subsection (e)(1)(D) that were not taken 

18 into account in determining the amount of the pay19 ment; or 

20 (4) the failure of the claimant to cooperate in 

21 an audit. 

22 (g) APPEALS OF DECISIONS.— 

23 (1) RIGHT OF APPEAL.—A claimant may appeal 

24 a decision concerning payment of a claim by filing, 

25 not later than 60 days after the date on which the 


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1 claimant is notified that the claim of the claimant 

2 will or will not be paid, a notice of appeal in the case 

3 of a decision on a claim relating to a business loss, 

4 with the Administrator of the Federal Emergency 

5 Management Administration. 

6 (2) PERIOD FOR DECISION.—A decision con7 cerning an appeal under paragraph (1) shall be ren8 dered not later than 90 days after the date on which 

9 the notice of appeal is received. 

10 (h) REGULATIONS.—Notwithstanding any other pro11 vision of law, not later than 45 days after the date of en12 actment of this title— 

13 (1) the Administrator shall promulgate and 

14 publish in the Federal Register interim final regula15 tions for the processing and payment of claims; and 

16 (2) the Administrator and the Administrator of 

17 the Federal Emergency Management Agency shall 

18 jointly promulgate and publish in the Federal Reg19 ister procedures under which a dispute concerning 

20 payment of a claim may be settled through an ap21 peals process described in subsection (g). 

22 (i) PUBLIC INFORMATION.—At the time of publica23 tion of interim final regulations under subsection (h), the 

24 Administrator shall publish a clear, concise, and easily un25 derstandable explanation of the grant program established 


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1 under this title the procedural and other requirements of 

2 the regulations promulgated under subsection (h). Such 

3 explanation shall be— 

4 (1) disseminated through brochures, pamphlets, 

5 radio, television, the print news media, and such 

6 other media as the Administrator determines to be 

7 likely to reach prospective claimants; and 

8 (2) provided in English, Spanish, and any other 

9 language that the Administrator determines to be 

10 appropriate. 

11 (j) COORDINATION.—In carrying out this section, the 

12 Administrator shall coordinate with the Administrator of 

13 the Federal Emergency Management Agency, other Fed14 eral, State and local agencies, and any other individual 

15 or entity, as the Administrator determines to be necessary 

16 to ensure the efficient administration of the claims proc17 ess. 

18 (k) APPLICABILITY OF DEBT COLLECTION REQUIRE19 MENTS.— 

20 (1) IN GENERAL.—Section 3716 of title 31, 

21 United States Code, shall not preclude any payment 

22 on a claim. 

23 (2) ASSIGNMENT AND EXEMPTION FROM

24 CLAIMS OF CREDITORS.— 


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1 (A) ASSIGNMENT.—No assignment, re2 lease, or commutation of a payment due or pay3 able under this title shall be valid. 

4 (B) EXEMPTION.— 

5 (i) IN GENERAL.—A payment under 

6 this title shall be exempt from all claims of 

7 creditors and from levy, execution, attach8 ment, or other remedy for recovery or col9 lection of a debt. 

10 (ii) NONWAIVABLE EXEMPTION.—The 

11 exemption provided by clause (i) may not 

12 be waived. 

13 SEC. 305. REPORTS AND AUDITS. 

14 (a) REPORTS.—Not later than 1 year after the date 

15 of promulgation of interim final regulations under section 

16 304(h) and annually thereafter, the Administrator shall 

17 submit to Congress a report that describes the claims sub18 mitted under section 304(b) during the year preceding the 

19 date of submission of the report, including, with respect 

20 to each claim— 

21 (1) the amount claimed; 

22 (2) a brief description of the nature of the 

23 claim; and 

24 (3) the status or disposition of the claim, in25 cluding the amount of any payment on the claim. 


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1 (b) AUDITS.—The Comptroller General of the United 

2 States shall— 

3 (1) conduct an annual audit of the payment of 

4 all claims submitted under section 304(b); and 

5 (2) not later than 120 days after the date on 

6 which the Administrator submits the initial report 

7 required by subsection (a) and annually thereafter, 

8 submit to Congress a report on the results of the 

9 audit. 

10 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated to carry out this title— 

13 (1) to the Office of Disaster Recovery Small 

14 Business Grants established under section 303 to 

15 administer the claims process, $25,000,000; and 

16 (2) for payment of claims, $975,000,000. 

17 (b) AVAILABILITY.—Amounts made available under 

18 subsection (a) shall remain available until expended. 

19 SEC. 307. TERMINATION OF AUTHORITY. 

20 The authority provided by this title terminates on the 

21 date that is 20 years after the date of enactment of this 

22 Act. 


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1 TITLE IV—ADMINISTRATIVE 

2 PROVISIONS 

3 SEC. 401. EXTENSION OF AUTHORITIES FOR PANDEMIC 

4 AND ALL-HAZARDS PREPAREDNESS. 

5 (a) TEMPORARY REASSIGNMENT OF STATE AND

6 LOCAL PERSONNEL DURING A PUBLIC HEALTH EMER7 GENCY.—Section 319(e)(8) of the Public Health Service 

8 Act (42 U.S.C. 247d(e)(8)) is amended by striking 

9 ‘‘2018’’ and inserting ‘‘2029’’. 

10 (b) EXEMPTION FROM CERTAIN DISCLOSURE RE11 QUIREMENTS.—Section 319L(e)(1)(C) of the Public 

12 Health Service Act (42 U.S.C. 247d–7(e)(1)(C)) is 

13 amended by striking ‘‘12 years after the date of enactment 

14 of the Pandemic and All-Hazards Preparedness Act’’ and 

15 inserting ‘‘12 years after the date of enactment of the 

16 FEMA Modernization Act of 2019’’. 

17 SEC. 402. TRANSFER OF THE SURGE CAPACITY FORCE. 

18 Section 303 of the Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 5143) is fur20 ther amended by adding at the end the following: 

21 ‘‘(d) SURGE CAPACITY FORCE.— 

22 ‘‘(1) IN GENERAL.—The Administrator shall— 

23 ‘‘(A) prepare and submit to the appro24 priate committees of Congress a plan to trans25 fer the authority of the Surge Capacity Force 


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1 for deployment of individuals to respond to nat2 ural disasters, acts of terrorism, and other 

3 man-made disasters, including catastrophic inci4 dents; and 

5 ‘‘(B) at such time as determined appro6 priate by the Administrator, transfer such au7 thority and continue the management and oper8 ation of the Surge Capacity Force. 

9 ‘‘(2) EMPLOYEES DESIGNATED TO SERVE.— 

10 The plan shall include procedures under which the 

11 Administrator shall designate employees Executive 

12 agencies, as appropriate, to serve on the Surge Ca13 pacity Force. 

14 ‘‘(3) CAPABILITIES.—The plan shall ensure 

15 that the surge capacity force— 

16 ‘‘(A) includes a sufficient number of indi17 viduals credentialed in accordance with section 

18 510 of the Post-Katrina Emergency Manage19 ment Reform Act of 2006 (6 U.S.C. 320) that 

20 are capable of deploying rapidly and efficiently 

21 after activation to prepare for, respond to, and 

22 recover from natural disasters, acts of ter23 rorism, and other man-made disasters, includ24 ing catastrophic incidents; and 


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1 ‘‘(B) includes a sufficient number of full2 time, highly trained individuals credentialed in 

3 accordance with such section to lead and man4 age the Surge Capacity Force. 

5 ‘‘(4) TRAINING.—The plan shall ensure that 

6 the Administrator provides appropriate and contin7 uous training to members of the Surge Capacity 

8 Force to ensure such personnel are adequately 

9 trained on the Agency’s programs and policies for 

10 natural disasters, acts of terrorism, and other man11 made disasters. 

12 ‘‘(5) NO IMPACT ON AGENCY PERSONNEL CEIL13 ING.—Surge Capacity Force members shall not be 

14 counted against any personnel ceiling applicable to 

15 the Federal Emergency Management Agency. 

16 ‘‘(6) EXPENSES.—The Administrator may pro17 vide members of the Surge Capacity Force with 

18 travel expenses, including per diem in lieu of subsist19 ence, at rates authorized for employees of agencies 

20 under subchapter I of chapter 57 of title 5 for the 

21 purpose of participating in any training that relates 

22 to service as a member of the Surge Capacity Force. 

23 ‘‘(7) IMMEDIATE IMPLEMENTATION OF SURGE

24 CAPACITY FORCE INVOLVING FEDERAL EMPLOY25 EES.—As soon as practicable, the Administrator 


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1 shall develop and implement any elements of the 

2 plan needed to establish the portion of the Surge 

3 Capacity Force consisting of individuals designated 

4 under those procedures’’. 

Æ 


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